Copyright is concerned with protecting work, that
is the expression of thoughts and human intellect. Copyright and other
related subjects are mainly arranged within 5846 numbered Copyright
Act in Turkey.
Work is defined in the concerned Act as: ‘any kind of intellectual
and artistic product bearing the characteristics of its owner and which
is considered a work of science and literature, music, fine arts or
cinema.’
The domain of copyright in Turkey is the protection of literary,
musical, artistic and cinematographic works which in turn defined in
article 2, 3, 4 and 5 of the concerned Act. Taking these explanations
into account, it could be stated that there are four main work categories
that were arranged in accordance with numerus clausus principle. Although
the main work categories are restricted, sub-types of these work categories
are not.
These works shall include every production in the literary, scientific
and artistic domain, whatever may be the mode or form of its expression,
such as books, pamplets and other writings, lectures, dramatic or dramatico-musical
works, choreographic works, musical compositions with or without words,
works expressed in language and writing in any way and computer
programs expressed in any form and their preliminary designs,
provided that these lead to a program in the next stage; cinematographic
works to which are assimilated works expressed by a process analogous
to cinematography, works of drawing, painting, architecture, sculpture,
engraving, lithography, photographic works, to which are assimilated
works expressed by a process analogous to photography, works of applied
art, illustrations, maps, plans, sketches and three dimensional works
relative to geography, topography, architecture or science, etc.
Adaptations, although not evaluated in these four main categories by
virtue of its undetached characteristic should also be mentioned in
this respect. Adaptations are intellectual and artistic products created
through the use of another work and not independent as compared to such
work. Adaptations shall include: translations; the conversion of one
of the works such as novels, stories, poems and dramas to another of
these kinds; the conversion of works of music, fine arts, science and
literature into films or conversion of the same into a form suitable
for taking into a film and broadcasting through radio and television;
musical arrangements; conversion of works of fine arts from one form
into other forms, etc. |